FAQs Archive - Page 3 of 4 - Norton Taylor Nunn

Q: What happens if planning conditions are not met?

Planning conditions must be met as a legal requirement. Local Planning Authorities are generally authorised to conduct inspections of the property in order to ensure the development’s compliance to conditions within the planning permission. Failure to comply with and conditions or stipulations outlined within the planning permission may lead to the issue of an enforcement notice, or to invalidation of the original permission. Following this, failure to comply with the steps set out in the enforcement notice may result in prosecution.

Q: What is a breach of planning control?

A breach of planning control, or a planning breach, is defined by law as the starting or continuation of a development without the correct planning permission or failing to comply with conditions or limitations listed in permissions. Developments out with the limits of Permitted Development Rights are also considered a breach of planning control. Those guilty of serious planning control breaches may be subject to fines, or prosecution.

Q: What happens if you ignore a planning enforcement notice?

An enforcement notice is a legal document issued to property owners in the case of a planning control breach. Enforcement notices outline the steps which must be undertaken in order to resolve this breach within a specified timeframe. These steps may include the deconstruction or alteration of a building, the reinstation of a demolished building, or the ceasing of activity on the property. If the notice is not appealed within the specified time period, it will take effect, and the person in control of development on the property will be required to undertake all steps specified. Further ignoration of an enforcement notice is considered a failure to comply, and a criminal offence.

Q: How do I appeal a refused planning application?

The appeal process, when conducted by a planning consultant, generally begins with an application review and audit. The decision notice will be thoroughly analysed, in order to establish initial weak points within the refusal. When combined with a more thorough highlighting the application’s strengths, this should increase the chances of a successful application. Planning consultants may also provide a supporting planning statement, which addresses key issues, and sets out planning grounds in favour of the application. Following this, a proposal indicating the likelihood of a successful reapplication will be proposed, and listed alongside cost. These steps may be undertaken by an individual, but are generally much more effective with professional input.

Q: Can I start building without planning permission?

Building without planning permission is not necessarily a breach of UK regulation – however, in many instances, it is - especially in the case of significant development. Planning control breaches may result in the necessitation of the submission of a retrospective application to the local council or planning authority. If this submission is not accepted or is connected to a previously refused application for the property in question, an enforcement notice may be issued. In extreme cases, this note may stipulate that the entire structure is dismantled. Employing a planning consultant can assist greatly in avoiding regulation breaches with regard to planning permission. Norton Taylor Nunn’s team of highly trained specialists are proud to provide consultation and advisory services relating to planning permission. Contact us today to further discuss your development.

Q: Is it hard to get planning permission?

A collection of surveys conducted between 2017 and 2019 indicate that between 27 and 34% of recent applicants for planning permission in the UK found the process difficult. One survey, conducted by Everest, revealed 32% of applicants waited three months for approval, whilst a quarter of applicants faced with denial had applied in excess of three times. In spite of these figures, historical government data shows a significant increase in the number of approved planning applications in recent years, jumping from an approval rate of 82 to 88%. The ease of obtaining planning permission is hugely dependent on the quality of application, alongside the area for which the development is proposed. The best way to ensure the success of your planning application is to consult an experienced planning consultant, who will assist in the development and submission of an effective, comprehensive application.

Q: Can I apply for planning permission myself?

Anyone can submit planning applications for development, irrespective of the property owner, so long as the owner, or part-owner, leaseholder, agricultural tenant, or other parties financially involved with the property is informed of any proposed changes. In addition to this, all planning applications must be submitted with a certificate relating to or proving land ownership, or, that the legal owner of the property has been notified of the proposed changes. Though applications may be made by an individual, it is advisable to appoint a planning consultant, or similar agent to assist with composition and submission, in order to ensure the process is as smooth and fast as possible.

Q: What is needed for a planning application?

The vast majority of planning applications require the submission of the standard application form, a location plan, a site or block plan, an ownership certificate, an agricultural holdings certificate, and a correct application fee at minimum. A design and access statement may be required. In addition to this, at a local level, applicants may be required to submit further information specific to the area – this often varies in accordance with development type. Local requirements may be found on the LPA’s website. In addition to the submission of documentation, an application fee must be paid. This fee is also dependent on the type of development proposed but may be calculated using the Planning Portal’s fee calculator.

Q: How long does planning permission last?

By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

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